Service law: Judicial service – Respondents were appointed as Judicial Magistrates in 2002-03 – They were placed higher in the merit list compared to the reserved category petitioners – However, the gradation list was prepared by applying the roster for direct recruitment as provided under r.5 of the Jammu and Kashmir Reservation Rules, 2005 – This in effect led to the reserved category petitioners displacing the general category respondents in the gradation list – The third and fourth petitioners were promoted as Sub-Judge on the basis of their placement in the gradation list – Respondent filed writ petition for quashing the gradation list of Judicial Magistrates and for a direction to prepare the gradation list, based on merit – The contention of the respondents before the High Court was that r.5 of the 2005 Rules will be applicable only for direct recruitment and not for determination of inter se seniority for the purpose of promotion – While disposing of the writ petition, High Court relied upon its earlier decision in Ashok Kumar and Others v State of J&K – High Court held that there was merit in the challenge to the gradation list issued by the High Court and to promotions granted to the post of Civil Judge on the basis of placement in the gradation list – On appeal, held: High Court had observed that the ratio in Ashok Kumar’s case would be sufficient to settle the principle issue raised – The reference to the decision in Ashok Kumar’s case was wholly unnecessary since no submission was urged on the basis of that decision by the petitioners before the High Court – However, High Court also undertook an analysis of the validity of the gradation list independent of the ratio in Ashok Kumar’s case – The decision of the High Court seems to intertwine the reasoning on both aspects – It was not necessary for the High Court or, for that matter, appropriate to rely upon the decision in Ashok Kumar’s case, since such a ground was not urged either in the writ proceedings or in the course of the submissions by the petitioners before the High Court – Impugned judgment and order of the High Court set aside – Writ petition restored to the file of the High Court for a decision afresh.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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